How to File a Medical Malpractice Lawsuit
Medical
malpractice lawsuits are a bit more complicated. There are certain guidelines to follow, such as a deadline within which the lawsuit may be filed.
The claimant must also prove that the doctor's actions led to injuries and losses. This will require medical and hospital documents.
Complaint
When your attorney's inquiry has found evidence that fraud occurred, the attorney will file a complaint in court along with summons. The complaint identifies the defendants in your case and clearly states the allegations you are making against them.
The basis for malpractice claims is the idea that a doctor, nurse or other healthcare professional owes a patient a minimum standard of care. This is the amount of expertise and prudence an appropriately prudent doctor with similar training would use in similar circumstances. Your legal team will have to show that your doctor violated this standard, resulting in injuries from which you sustained quantifiable damages.
It can be difficult to prove that a doctor's standard is the same as another doctor's. This is why it's important to work with a legal firm with access to expert witnesses who can give testimony on the medical field and what reasonable medical professionals in the same situation as your doctor would have done.
It's not just doctors who make mistakes in their medical practice; hospital staff members, like nurses and anesthesiologists, also may be guilty of malpractice. This is especially true for emergency room staff, where mistakes are often attributed to the crazed atmosphere and overworked employees. Your lawyer may be in a position to obtain experts from emergency room staff who can demonstrate the circumstances that led to the incident and why your doctor was unable to meet the standards.
Discovery
During the discovery process your lawyer will gather and examine evidence that may provide evidence to support a claim for malpractice. This includes medical documents, witness statements expert testimony and more. The information could be requested by the opposing legal team. This is done through interrogatories or requests for documents. However, certain documents may be classified as confidential or privileged because of privacy laws, such as HIPAA and its Privacy Rule.
You must also prove that your injury was caused by the negligent doctor. This is the most difficult part of a malpractice claim because it requires expert witness testimony that proves your claim.
Your lawyer will also call witnesses who can prove the doctor's negligence. This could include radiologists, dentists, nurses, assistants and other people who were involved in the treatment of your health. Your lawyer will know how to take powerful and effective depositions in order to get witnesses to admitting that the doctor was negligent.
Most lawsuits are resolved, or settled, before they get to the trial stage. For medical malpractice cases this is particularly common since the cost of going to trial can be expensive. Once the facts of your case have been established, a settlement may be agreed upon between you and the insurance company of the doctor. If a settlement cannot be reached your case will proceed to trial.
Trial
After your attorney has completed the initial investigation and determines you have a strong malpractice case, they will file the complaint. This will clearly state the allegations and will be given to the defendant in the summons.
The next phase involves discovery. The next phase involves discovery. This includes the exchange and deposition of witnesses. Your lawyer will use these evidence to show that your doctor violated the standard of care. The aim is to demonstrate that the error was caused by the negligence of your doctor, and caused damage.
Apart from the witness's statement, your medical
malpractice attorneys attorney will also work with two or more experts to support your claim. These experts will receive medical records and detailed information about your case in preparation for their depositions and testimony. They can also assist you in preparing your case for trial.
Your attorney will start discussions on settlement with the defense as part of the preparation for trial. The process continues throughout the trial and can sometimes last for several years. During this time, you will be recovering from your injuries while determining the amount and value of your injuries. It's in everyone's interest to settle outside of court and avoid litigation whenever possible. Your attorney will carefully compare the merits of any settlement with your current and future recoveries. If the settlement offers are reasonable your lawyer will convince you to accept it.
Damages
During the discovery phase, plaintiffs need to show that their losses are substantial and that the negligence of the defendant caused these damages. For example, if the doctor did not inform the patient that a surgery carried a 30 percent chance of losing a limb and the surgery was performed perfectly but the patient lost their arm or limb, the doctor could be held accountable for malpractice.
A victim may also demonstrate that a competent lawyer could have prevented or minimized their financial loss. This is sometimes called the "but for test". Additionally, it is necessary to demonstrate that the plaintiff has incurred expenses in pursuit of a successful legal claim that is greater than the amount demanded as compensation.
Our medical
malpractice lawyers can explain the various types of damages attained in a malpractice case including future, present and past medical expenses loss of income, suffering and pain and suffering, as well as other non-economic losses. The greater the amount of money awarded the more serious the damage. However, a successful verdict may be rescinded upon appeal. Settlements outside of court can be beneficial for certain clients. It can save money as well as time on litigation costs. It also eliminates the risk of a jury deciding a case based on emotions instead of facts.